Declaration of Quarantine; Violation Unlawful

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Plant Disease, Pest Control, and Pesticides
  5. General Provisions
  6. Declaration of Quarantine; Violation Unlawful

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  1. The Commissioner may declare a quarantine against any area, place, nursery, grove, orchard, county, or counties within this state, other states, or territories of the United States or any portion thereof or any foreign country, in reference to dangerous plant pests and may prohibit the movement within this state or any part thereof or the introduction into this state from other states or territories of the United States or any foreign country of all plants, plant products, or other things or substances from such quarantined places or areas as are likely to carry dangerous plant pests, if such quarantine is determined by the Commissioner, after due investigation, to be necessary in order to protect the agricultural, horticultural, or other interests of this state. In such cases the quarantine may be made absolute or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold, or otherwise disposed of within or outside the state.
  2. Whenever the Commissioner declares a quarantine against any place, nursery, grove, orchard, county, or counties of the state or against other states or territories of the United States or any foreign country, as to a dangerous plant pest, it shall be unlawful thereafter until such quarantine is removed for any person to introduce into this state or to move, sell, or otherwise dispose of within this state any plant, plant produce, or other things included in such quarantine, except under such rules and regulations as may be prescribed by the Commissioner.

(Ga. L. 1937, p. 659, §§ 4, 13; Ga. L. 1996, p. 329, § 13.)

Cross references.

- Power of director of State Forestry Commission to declare and fix boundaries of zones of infestation or infection upon determination of existence of infestation of forest insect pests or infection of forest tree diseases, § 12-6-16.

OPINIONS OF THE ATTORNEY GENERAL

Agent criminally liable for quarantine violation.

- The fact that the manager of a company was acting for the manager's employer in violating a quarantine established by the director of entomology (now Commissioner) would not relieve the manager of individual criminal liability. 1945-47 Op. Att'y Gen. p. 8.

Quarantine violation punishable as misdemeanor.

- The violation of a quarantine declared by the director of entomology (now Commissioner) is punishable as a misdemeanor. 1945-47 Op. Att'y Gen. p. 8.

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agriculture, §§ 37, 38.


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